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President’s Message: We Have a Strategic Plan for 2016-2019! ... p. 3

The Uniform Bar Exam By Jill Backer, Esq. and Nicole Moncayo, Esq. ... p. 11

Brown Bag Lunch Series: March 8, 2016 Hosted by Hon. Linda S. Jamieson ... p. 21 Call for Nominations: New Lawyers Leadership Awards ... p. 5

CLE Center ... p. 22 ... and much more

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120th Year Anniversary: Looking BackCentennial Historic JournalChapter Two: 1906–1915 ... p. 14

...p. iiBanquet 120th Anniversary

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Thursday, May 5, 2016

WCBA’s Summer Intern Program Seeks Firms to Volunteer: ...p. 13DEADLINE: APRIL 15

S U M M E R INTERN P R O G R A M

Viral Internet Videos and the Rights of the Humiliated ... p. 6

ii I MARCH 2016 I WESTCHESTER LAWYER

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SPONSORSHIP OPPORTUNITIES For the 120th Anniversary Banquet

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120 Years of Service to the Westchester Legal Community

HonoringOutgoing President P. Daniel Hollis III Newly-elected WCBA President Newly-elected WCBA Officers and DirectorsNewly-elected and retiring Judges50 Years of Service Award Recipients

P. DANIEL HOLLIS III ouTgoing presidenT

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2 I MARCH 2016 I WESTCHESTER LAWYER

Published by the Westchester County Bar Association One North Broadway, Suite 512White Plains, NY 10601Tel.: 914.761.3707 | Fax: 914.761.9402Email: [email protected] | www.wcbany.org

OFFICERS AND STAFFP. Daniel Hollis III, Esq. PRESIDENTKelly M. Welch, Esq. PRESIDENT-ELECTStephanie L. Burns, Esq. VICE PRESIDENT Richard Vecchio, Esq. VICE PRESIDENTDiana Bunin Kolev, Esq. SECRETARY Hon. Linda S. Jamieson ASSISTANT SECRETARYJohn R. McCarron Jr., Esq. TREASURERWendy M. Weathers, Esq. ASSISTANT TREASURERRichard M. Gardella, Esq. EDITOR-IN-CHIEFLuis A. Rivera, Esq. EXECUTIVE DIRECTORDiana E. Lemon LAWYER REFERAL SERVICE COORDINATOR Mary Ellen McCourt DESIGN & PRODUCTION MANAGER

BOARD OF DIRECTORSDavid B. Bruckman, Esq., MS TaxJames L. Hyer, Esq.Hon. Michael J. McDermottStephanie M. Melowsky, Esq.Tejash V. Sanchala, Esq.Andrew P. Schreiver, Esq.Hon. Robert A. Spolzino, Esq.Chauncey L. Walker, Esq.Sherry Levin Wallach, Esq.

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THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE

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Submission of material to the WCBA for inclusion in the Westchester LAWYER, Westchester Bar Journal, website or other WCBA publication grants the WCBA limited copyright and full permission to reprint the material in any WCBA publication, on the WCBA website, or with LexisNexis or Westlaw at any time without additional consent. Please note that any opinions expressed in the articles contained herein are solely those of the author(s) and do not constitute positions taken by the WCBA.

In this issue…

p. 26

Features 6 Cyber Bullying: Viral Internet Videos and the Rights of

the Humiliated By Troy D. Lipp, Esq. and Anthony P. Luisi, Esq.

11 The Uniform Bar Exam in New York State By Jill Backer, Esq. and Nicole Moncayo, Esq.

14 Celebrating 120 years of Service to the Westchester Community: Part II: 1906–1916 By Garrison R. Corwin, Jr., Esq.

Call to Action 5 New Lawyers Leadership Awards: Call for Nominations 12 GET PUBLISHED! Westchester Lawyer Seeks Articles 13 Summer Intern Program Seeks Firms to Participate

25 Express 2016 Membership Renewal Form

Save the Dates ii 120th Anniversary Banquet Registration & Sponsorship Form

21 Brown Bag Lunch Series: Hosted by Hon. Linda S. Jamieson

Photos

16 Chinese New Year & Passing the Bar Networking Event

Departments 3 From the President

By P. Daniel Hollis III, Esq.

18 Member Spotlight: An Interview with Atheeb Khateeb, Esq. By Tejash V. Sanchala, Esq.

20 What’s Going On

22 CLE Center

26 From the Back Bench By Richard M. Gardella, Esq.

28 Classifieds

28 Advertising Rates

p. 16

p. 6p. 6 p. 10 p. 10


BY P. DANIEL HOLLIS I I I , ESQ.

Be it a game plan for a pro football game or the plan for the Normandy Landing, a plan must be complete and strategic. The same goes for the viabili-ty of a county Bar association.

At our December, 2015 meeting, the board of directors of the Westches-ter County Bar Association approved, as had been previously approved by the executive committee, the West-chester County Bar Association’s Stra-tegic Plan 2016-2019.

This Plan is built upon the founda-tion of the excellent 2011 Strategic Plan that was the result of an enormous amount of thought and effort solely by Past President Carol L. Van Scoyoc.

`The 2016-2019 Plan is the result of a huge commitment on the part of all of our section and committee chairs, the executive committee, Executive Di-rector Luis Rivera and most important-ly, President-elect Stephanie Burns.

As I have written in this space be-fore, the Strategic Planning Committee used a SWOT Analysis (Strengths, Weak-nesses, Opportunities and Threats) as a prism through which we analyzed each aspect of our Association.

After the SWOT Analysis was com-pleted by each section and commit-tee, it was provided to the Strategic Planning Committee which ranked the frequency and level of importance and concern for the different issues and items identified by the sections and committees. The rankings were then turned over to Stephanie Burns, Pres-ident-elect who then began the Hercu-lean task of taking all of that data and turning it into the Strategic Plan.

The Strategic Plan is now available on our website and contains five spe-cific goals. It can be found under the “ABOUT” heading in the banner on the Westchester County Bar Association’s

website at www.wcbany.org. (Please see box above for the Goals.)

Responsibility has been assigned for the implementation of each of the Goals with benchmarks for success to be established. Benchmarks and mile-stones have been set with specific dates. Limited by time and space, I will only stress the Goal of Implementation for this article because, without im-plementation, the Strategic Plan will quickly wither on the vine and die.

There will be periodic articles and/or posts in the Westchester Lawyer, on the Association website, on the Associ-ation Facebook page, and on the Asso-ciation’s Twitter account regarding the

implementation of the Strategic Plan.I am not going to repeat or even

paraphrase the objectives of the im-plementation goals, but suffice it to say the overarching themes of the Goal of Implementation are the themes of responsibility, accountability and over-sight by the Bar Association leadership.

Section and committee chairs and co-chairs will serve in this role with the eventual full responsibility for seeing to the implementation falling on the executive committee and then the full board.

The Strategic Planning Committee and designated members of the exec-utive committee and board of direc-tors will submit a written report in De-cember of each year documenting the steps taken to implement the strategic plan and tasks remaining.

I pledge to each and all of you that in my role as part of that oversight func-tion, I will be sure that the benchmarks and timetable for the development of this Plan, and for its implementation, are achieved.

Three years from now when the goals of this plan will have been achieved and a new Bar Association president and new Bar leadership be-gin to prepare the next iteration of a Strategic Plan, I am both hopeful and confident that they will look back on this Strategic Plan as being well crafted and well executed.

Along the way, we welcome input from each and all of our members as to how we can strengthen our Bar As-sociation so that each and all of us who have leadership positions will be able to have left the Association in a better and stronger position than it was when we first became part of its leadership structure.

FROM THE PRESIDENT

WE HAVE A STRATEGIC PLAN FOR 2016–2019!

(continued on page 3)

STRATEGIC PLAN GOALS

GOAL 1Promote future sustainability of the Association by increasing the number of members in the mem-bership category of admitted to the bar for 1 to 9 years.

GOAL 2Promote future sustainability of the Association and foster inclu-sive community of lawyers by strengthening member retention, expanding membership base and increasing member engagement in Association activities and events.

GOAL 3Develop a long range financial plan for the Association.

GOAL 4Increase public access to, under-standing of and respect for the legal system.

GOAL 5Implementation of this Strategic Plan.


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Demonstrating the power of social media and the speed with which internet-based

content is shared worldwide, the “viral” video has become a generational phenomenon.

While many online videos gain popularity through their good-spirited humor or creativity, many others come at the expense of people who are portrayed unwittingly and can

rise to the level of what is commonly known as “cyberbullying,” or the posting of content online, including picture or video, with the intent to hurt, humiliate, or embarrass another person.1 While commonly discussed in the context of protecting children from online abuses, cyberbullying can affect people of all ages.2

Across the country, people who have been the target of intentional

humiliation and embarrassment online have sought legal recourse to try to recover damages for their injuries. However, because the First Amendment generally protects speech even if humiliating and embarrassing,3

and due to the limitations of traditional common law causes of action and the fact that cyberbullying can be premised upon technically truthful yet harmful statements, these victims often come

BY TROY D. LIPP, ESQ. AND ANTHONY P. LUISI, ESQ.

Viral Internet Videos and the Rights of the Humiliated

CYBER BULLYING


up short and find themselves without a cognizable claim.

In April 2014, ESPN filmed a man who was sleeping in the stands of Yankee Stadium during a live telecast of a New York Yankees game. The play-by-play announcers drew further attention to him by providing live commentary of him sleeping. The next day, Major League Baseball uploaded the footage with audio to MLB.com and to its YouTube channel, where it has since been viewed more than 1.6 million times.

YouTube v iewers have l e f t thousands of comments on the video, most of which are insulting and extremely derogatory to the man’s physical appearance while belittling him for falling asleep during the game, such as “[i]t’s always funnier when the object of ridicule is fat,” “fat slob,” and “before, no one knew he was a fatty cow ... now, everyone does!”

In response to discovering the online video, the man filed a lawsuit in the Supreme Court, Bronx County, seeking damages for defamation4 and intentional infliction of emotional distress (“IIED”)5 against ESPN New York, the play-by-play announcers, the New York Yankees, and Major League Baseball.6

The Cour t d i sm i s s ed th e defamation claim, finding that the announcers’ commentary was not false, nor was the depiction of the plaintiff while sleeping at the game unauthorized because “it is a common practice during baseball games and other public sporting events to depict spectators on camera.”7 The Court also dismissed the IIED claim, ruling that the defendants’ conduct did not rise to the level of “extreme and outrageous conduct.”8

There appears to be general consensus among legal commentators that the Court reached the correct

decision in that case based on the well-settled elements of defamation and IIED.9 Arguably, however, the Court’s decision is notable for what it highlights, albeit implicitly, as potential gaps in modern New York law––gaps that leave little or no relief to victims who are intentionally humiliated and embarrassed online. While there is

room for argument as to whether the plaintiff ’s claims in that case should have been brought in the first place and whether other claims could have been asserted, there is less dispute that what happened in that case can reasonably fit the definition of cyberbullying.10

Courts have recognized the unique role that technology has played in exacerbating bullying through “the widespread dissemination of electronic information using social media sites.”11 Despite accepting this reality, judicial decisions have revealed that traditional common law causes of action can fail to provide legal recourse to people who have been made the subject of intentional

embarrassment and humiliation online. Likewise, legislatures have struggled to craft anti-bullying laws––civil and criminal––that pass muster under the First Amendment.

For instance, in People v. Marquan M., the Court of Appeals struck down a local law that intended to criminalize cyberbullying because it barred conduct “outside the popular understanding of cyberbullying,” including speech aimed at adults and not just minors,12

and because the statute’s prohibition against non-sexual embarrassing or humiliating speech was overbroad.13

While courts have been willing to acknowledge the unique harms presented by cyberbullying when victims are subject to being “relentlessly and anonymously attack[ed] twenty-four hours a day for the whole world to witness,”14 New York judicial precedent demonstrates the difficulty in finding an appropriate balance between providing legal remedies to such victims, especially where the conduct at issue does not fit into traditional common law causes of action such as defamation or IIED, and the First Amendment’s inviolable protections of speech.

It remains to be seen whether and in what manner legislatures and courts can provide recourse, if any, to victims of intentionally embarrassing and humiliating online speech.

Endnotes

1 http://www.stopbullying.gov/cyberbul-lying/what-is-it

2 h t t p : / / c y b e r b u l l y i n g . o r g / a d -vice-for-adult-victims-of-cyberbullying

3 People v. Marquan M., 24 N.Y.3d 1, 11, 19 N.E.3d 480 (2014)(noting that “the First Amendment protects annoying and embarrassing speech”).

4 The elements of a claim for defamation in New York have generally been stated as “a false statement, published with-


Courts have recognized the unique role that technology has played in exacerbating bullying through “the wide-spread dissemination of elec-tronic information using social media sites.” Despite accept-ing this reality, judicial deci-sions have revealed that tradi-tional common law causes of action can fail to provide legal recourse to people who have been made the subject of in-tentional embarrassment and humiliation online.


out privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and, it must either cause special harm or constitute defamation per se.” Dillon v. City of New York, 261 A.D.2d 34, 38, 704 N.Y.S.2d 1, 5 (1st Dep’t 1999) (citing Restatement of Torts, Second § 558).

5 To establish a claim for intentional inflic-tion of emotional distress, a party must allege “extreme and outrageous con-duct intentionally or recklessly [which] causes severe emotional distress to another.” Murphy v. Maloney, 43 N.Y.2d 553, 557, 402 N.Y.S.2d 991 (1978).

6 Rector v. Major League Baseball Ad-vanced Media, et. al., 2015 WL 5471132 (Sup. Ct. Bronx Cnty., 2014).

7 Id. at 3. Another related issue that was not addressed in the case, but which may be relevant in similar situations, is the fact that the ticket to the game included certain disclaimers and waiv-ers of liability, including the release of rights to use the ticketholder’s likeness in promotional footage for the game. Such issues are not the focus of this

article, but nonetheless raise important questions regarding the enforceability of contract provisions that purport to authorize conduct that could rise to the level of cyberbullying.

8 Id. at 4.

9 In determining whether embarrassing and humiliating speech is deemed “ex-treme and outrageous” for purposes of a prima facie IIED claim, courts in other cases have attached particular significance to whether the plaintiff is a private or public figure and whether the nature of the communications involved a matter of “virtually no public interest.” Esposito-Hilder v. SFX Broadcasting Inc. 236 A.D.2d 186, 190 (3d Dep’t 1997).

10 Much of the plaintiff’s case was pre-mised upon the fact that by posting the embarrassing video online, the defen-dants created a public forum in which the plaintiff was victimized. However, the plaintiff did not assert any claims against the internet service provider, YouTube, or any of the thousands of people who posted the derogatory comments. There was also no claim for

unauthorized use of likeness under New York Civil Rights Law Section 51.

11 Marquan M., 24 N.Y.3d at 5.

12 Id. at 9.

13 Id. at 11.

14 Id. at 5.

Troy D. Lipp, Esq., is an associate of Cuddy & Feder LLP in White Plains and is a member of the firm’s Litigation Department. His practice is devoted to helping local and nationally based clients resolve corporate and commercial disputes, as well as real estate, land use and zoning matters.

Anthony P. Luisi, Esq., is a member of the Litigation Department at Cuddy & Feder LLP in White Plains. He represents and advises companies and individuals in Westchester County and throughout the Hudson Valley in resolving their real estate, land use and zoning, and business disputes in state and federal courts.

CYBER BULLYING(continued from page 7)

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How much is your time worth screening calls?

Consider as part of your business plan being a member of WCBA’s Lawyer Referral Service.

For more than 40 years, the Westchester County Bar Association Lawyer Referral Service (LRS) has been referring thousands of clients annually to LRS attorneys in Westchester.

Each year thousands of potential clients from all over the country seek attor-neys in Westchester by contacting the Lawyer Referral Service.

We prescreen calls

Clients contact the LRS office and explain the nature of their legal needs. The clients are then referred to an attorney based upon the field of law and geographic preference; referrals are made on a rotation basis. Membership in the WCBA LRS can serve as a profitable investment in your future.

Membership Qualifications

Membership in the WCBA LRS is open to all licensed attorneys who are mem-bers in good standing of the New York State Bar and who meet the panel requirements as set forth in the LRS application and rules.

LRS attorneys must maintain an office for the practice of law in Westchester County and be physically available for consultation in that office, and must maintain an up-to-date professional liability insurance policy. We welcome individual attorneys and members of law firms.

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Or visit our website at www.wcbany.org and select Lawyer Referral Service to download an application form


Starting July 2016, New York State will be joining sixteen other states in administering the Uniform Bar Exam (UBE). The UBE was designed to make the Bar Exam standardized throughout the country, helping to ensure similar competencies among all candidates, and provide a greater level of score por-tability by providing “easier” admit-tance into other UBE states.

The new exam format will consist of three major components: the Multi-state Bar Exam (MBE); the Multistate Performance Test (MPT); and the Mul-tistate Essay Examination (MEE). The MBE and the MPT will remain the same as in past iterations of the exam, and will test the candidates’ knowledge of law through multiple choice ques-tions and a written performance exer-cise. The major change in format stems

from the essay portion of the exam—the MEE will now only be testing areas of common law – not New York law or its legal distinctions.

Each state has the right to set the UBE passing score for all applicants seek-ing admission (NYS is 266), oversee character and fitness requirements—including the Multistate Professional Responsibility Exam, and require addi-tional entrance requirements.

For example, in New York, candidates seeking admission must also take an online New York law specific course and an online New York law exam comprised of 50 multiple choice state questions. Students must receive a passing score to complete the entrance requirements for New York, but other UBE states will not see or utilize the

candidate’s score while deciding on ad-mission to their jurisdiction.

The new bar exam format not only affects the test takers, but also the employers that are hiring them. By administering an exam that focuses less on the specific laws of New York State, including statutory regulations and procedural rules, a greater need to teach substantive law may shift to the employer. With less incentive for students to take New York law classes while in law school, many employers may be faced with educating their new hires not only about how their office runs, but also the law itself.

Employers can alleviate this burden by hiring New York law students with ex-periential learning experiences, which provide students with hands-on prac-tical experience of New York practice and procedure. Although the teaching of local laws may change from the tra-ditional classroom format, New York law students are still more prepared to practice than those porting scores from other states due to their hands-on ed-

UNIFORM BAR EXAM IN NEW YORK STATE

THE


BY JILL BACKER ESQ. AND NICOLE MONCAYO, ESQ.

The new bar exam format not only effects the test takers, but also the employers that are hiring them.


Westchester Lawyer Magazine seeks article submissions

We are looking for articles that are news-worthy such as descriptions of important developments in—or unique perspectives on—areas of the law. Articles must be well written and interesting to broad categories of membership.

We are also interested in articles that would be entertaining and educational; for example, your most challenging experience

as you began your practice or an unexpected encounter that changed the way you practice law. Book reviews are welcome.

All submissions are evaluated for clarity and originality. Submissions should be between 600-1200 words preferably an original article that has not been published elsewhere. For more information or to sub-mit an article please email [email protected].

We are accepting articles from:■n new lawyers

■n seasoned attorneys

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Get published! The WCBA is looking for articles of interest to our members.

ucation.

New York law schools, including Pace Law School, have included numerous experiential components to their cur-riculum. These classes afford students the opportunity to learn the law by doing. Students learn procedural rules because they have clients that are de-pending on them, not because they will be tested in the future. These op-portunities may become increasingly important in the future of New York lawyers, and may become a criterion that employers seek when hiring new graduates.

At Pace Law School, like many oth-er New York law schools, courses like New York Practice will continue to be offered, however, the focus will be on experiential learning experiences, in-

cluding clinics, externships, and sim-ulation courses. Through these experi-ential opportunities students will learn New York practice and common law, making them more attractive to New York employers.

The UBE may change the employment trajectory of both test takers and legal employers in New York. With the abil-ity to port their scores to other states, New York law school graduates may be seeking to practice in other states, or may not focus on learning relevant lo-cal laws.

With that understanding, employers may need to further mentor and teach their new hires substantive law when on-boarding. The full effects of how the UBE in New York will affect all of those involved will be seen over the

next few years, once the UBE becomes commonplace. We may once again see the tide change in both legal education and employer mentorship.

Jill Backer, Esq., was a criminal defense attorney in Chicago before going into legal sales. Upon return to her native NY in 2002 she took a job at Brooklyn Law School where she built one of the first employer outreach programs in the nation at a law school. Jill is currently the Asstistant Dean for Career and Professional Development at Pace Law School and national chair of the NALP Employer Outreach section.

Nicole Moncayo, Esq., joined her alma mater Pace Law School in June 2006 after working at a White Plains real estate and estates law firm. She is currently the Director of Employer and External Relations, Strategic Professional Development Initiatives, where she works with students, alumni and employers.

UNIFORM BAR EXAM(continued from page 11)


THE DIVERSITY COMMITTEE’S Sum-mer Intern Program has reached the 10th year milestone! We are thrilled with the success of this program over the last 10 years. This year’s program promises to be better than ever in cele-bration of this outstanding program de-signed to expose high school students to the legal profession.

Since the inception of the Summer Intern Program, 42 local students from social, cultural, racial or ethnic groups statistically under-represented in the legal profession have participated in the Program. The purpose of the High School Summer Intern Program is to raise the academic and professional as-pirations of students in these generally under-represented groups.

The students are referred to the program by local high schools and com-munity organizations. In the last 10 years, we have been able to recruit stu-dents who possess the skills, demeanor and professionalism necessary for in-teracting and learning in a professional law firm environment.

Law firm participation has been a key part of the success of this program over the last decade. Our goal is to ex-pand this program to fill the need for programs of this caliber. We hope your firm will be part of a growing number of firms that have participated, includ-ing: Jackson Lewis LLP and Keane & Beane, P.C.; Dillon & Dillon, LLC; Fed-

eral Bar Council; Gross & Stabile LLP; Havkins Rosenfeld Ritzert & Varriale, LLP; Renzulli Law Firm LLP; Welby, Brady & Greenblatt, LLP; Yankwitt & McGuire LLP; Eve Bunting-Smith, Esq.; The Kelsey Company; Bashian & Farber, LLP; Worby Groner Edelman, LLP; Bik-kal & Associates, P.C. and Cabanillas & Associates, P.C.

Some of these law firms have been committed participants from the very beginning. Some have even hired these same students in following years and as adults. This initiative can be truly life changing for students who are smart, dependable, quick learners and who are grateful for the opportunities the Summer Intern Program provides. The feedback from law firms has been over-whelmingly positive and supportive.

It is relatively simple to participate in the program! Selected students are matched with participating law firms. The firms have the opportunity to in-terview and approve their assigned students. The students perform main-ly clerical tasks. Students are paid and maintain a part-time position of ap-proximately 20-25 hours a week, for a minimum of six weeks, at a suggest-ed wage of $9.00 per hour (minimum wage), for a total commitment of ap-proximately $1,080.

Participating firms provide student interns with at least four opportunities to observe the practice of law by giv-

ing students the opportunity to attend events such as closings, depositions and court appearances. The Diversity Committee will assist firms in achieving this goal by organizing 1 or 2 outings also designed to provide opportunities to observe and experience different ar-eas of law.

Sign Up InformationWe hope your firm will show sup-

port for the 2016 Summer Intern Pro-gram and continue to help us raise the bar for enthusiastic high school stu-dents. Please contact Karen Beltran at (914) 995-3596 or [email protected]. April 15, 2016 is the due date for participation. Student interviews and matching will begin in April 2016.

Karen Beltran, Esq., began her legal career as a law clerk in the Southern District of New York and is now an assistant county attorney for the Westchester County Attor-ney’s Office. Karen is the WCBA Diversity Committee co-chair.

Evelyn Miller, Esq., is an associate prac-ticing civil litigation with The Law Office of David Klausner PLLC, White Plains. She is a graduate of New York University School of Law, and has also practiced corporate, commercial and employment law. Evelyn is the WCBA Diversity Committee co-chair.

By Karen Beltran, Esq. and Evelyn Miller, Esq.

CALL TO ACTION Seeking firms to provide summer internship opportunities

WCBA's Diversity Committee Presents the 10th Annual . . .

S U M M E R INTERN P R O G R A M

PHOTO: 2014 Program participants: Susan M. Corcoran, Esq. (of participating firm Jackson Lewis P.C.), student interns Larry Placido, Mariam Azeez and Katherine Pozo with WCBA Diversity Committee Co-chair Karen Beltran

DEADLINE TO SIGN UP: APRIL 15, 2016

WesTChesTer CounTy Bar assoCiaTion

This is the second chapter from the Centennial Historic Journal, published in 1996, that presented the his-tory of the Association in 10 year increments. We hope you are enjoying the look back to see how far we have come! For the first chapter in the series please see the Westchester Lawyer, February 2016, Vol. 3, No. 2.

1906–1916BY GARRISON R. CORWIN, JR., ESQ.

WES

TCHESTER COUNT

Y


20161896

By 1906, Westchester had been through various stages of growth, including development, immigration, industrialization and transportation. It was then in the early stages of becoming a New York City suburb.

The au tomob i l e , w i th the introduction of Henry Ford’s Model T in 1908 and the subsequent formation of General Motors, was to have a big impact on Westchester. But the real stimulant for its rapid development and population growth was due to improved rapid transit via electrification of the Hudson and Harlem lines, soon followed by the New Haven line. The county’s population grew to 344,000 in 1920, up from 183,000 in 1900.

Jonathan Mayhew Wainwright of Rye was president of the Westchester County Bar Association, exemplifying the breadth of activity of bar leaders of the time. A practicing attorney since 1886, he had also been a state assemblyman, senator, Workmen’s Compensation Commissioner and a chairman of the Judiciary Committee as well as head of the Wainwright Commission. His work as chair of the latter in 1909 and 1910 led to the first Workmen’s Compensation law in the State.

Wainwright was also active locally, sponsoring the legislation that created the Rye Town Park and making the

Boston Post Road a state highway. In addition, he was a director and former president of the Rye National Bank.

Another leading attorney in Westchester of that era, Burton Charles Meighan who co-founded a firm that still carries his name, originally had an office both in Mamaroneck and White

Plains. Since it was harder to get from Mamaroneck to White Plains by horse and buggy than to New York by trolley, in 1897 he stopped practicing in White Plains to simplify his travel and worked in New York and Mamaroneck.

Subsequent presidents of the Association in this period were John F. Brennan, the Hon. Frank V. Millard, the Hon. J. Addison Young, Jerome Alvord Peck and Charles Philip Easton.

WCBA minutes of the decade reflect its activity, which in many ways has not changed over the years. Committees included those on the revision of by-laws, annual dinner, lectures, admissions and grievances. Many names in the minutes are those of families who a generation or two later are still familiar:

... Since it was harder to get from Mamaroneck to White Plains by horse and buggy than to New York by trolley, in 1897 [Burton Charles Meighan] stopped practicing in White Plains to simplify his travel and worked in New York and Mamaroneck.


Reprinted From the Centennial Historic Journal

The second County courthouse left, viewed form Railroad Avenue now renamed Main Street in White Plains

Celebrating 120 years of Service to the Westchester Legal Community

WCBA

Banks, Clark, Dempsey, Ferguson, Griffin, Holden, Lamben, Meighan, Platt, Travis and Young.

The 1908 Association yearbook is interesting in that it lists qualifications for membership as: “any person of good moral character and of good name and reputation who is of the degree of attorney and counselor at law and has been admitted to practice in the courts of this state...” WCBA dues were $1 for admission to the Association and $5 annually. The longest section in the by-laws was called “Complaints, Trials and lnvestigation of Grievances.”

Among the most significant events in this period was the 1906 shooting of noted architect Stanford While by Harry K. Thaw. The resulting murder trial was held mostly in While Plains. Other events were the Hudson-Fulton Celebration in 1909 with a group of navy ships sailing up the Hudson River. In 1912, a number of prominent Westchester residents died on the Titanic.

In 1914, V. Everett Macy was elected as Westchester’s Superintendent for the Poor and he dramatically reformed child care services. A plan for a centralized children’s court led to a new welfare department, creation of children’s court and construction of Grasslands Hospital.

The same year, the Westchester Chamber of Commerce’s demands for county-wide planning of roads and parks resulted in creation of a charter commission in 1915 to modernize local government. This effort was led by Henry Barrett, who was also active during this time in the WCBA. The commission’s work in 1937 resulted in the county executive form of government we now know.

During this era, the emphasis in the bar was on service and high moral and ethical character. This is perhaps best exemplified by the tribute to bar leader Eugene B. Travis adopted by the Association upon his death in 1909:

“... From the free air of nature he derived freedom of thought and of action, which led him to be the servant of no boss, the obedient follower of no political organization, but guided by his own conviction of right or of wrong, and actuated only by his own free thought as to where he could best serve his fellow man, he was ever the independent, yet

active, champion of whatever cause he deemed to be the right ... But in his chosen profession in which we knew him best, he brought to the discharge of his professional duties the same underlying principles of his life.”

Hon. Isaac N. Mills sitting as Justice of the Supreme Court in White Plains


Courthouse in White Plains circa 1908


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Number of years as a member of WCBA: I’ve been a member for around five years and currently serve as the Senior Chair of the New Lawyers Sec-tion. I am a proud recipient of the New Lawyers Leadership Award in 2015. I hope to get even further involved in the near future.

My current job and practice area are: I am a managing attorney at Cabanil-las & Associates, P.C. where I represent clients primarily in foreclosure defense but also in consumer credit litigation, residential and commercial real estate transactions, business transactions, and trusts and estates.

How I decided to work on mortgage foreclosure defense cases: My first experience in mortgage foreclosure defense was while I was at the Elder Law Clinic in law school. I represented an elderly client who had fallen victim to predatory lending, and because it was my first experience representing a real client, I developed an interest in the area of practice. It just so hap-pened that when I was studying for the bar exam, I received an offer to start as an associate at Cabanillas & Associates where I had interned throughout law school in that very field.

One of my favorite legal success sto-ries include: I showed up with two other associates at my first trial for a client, who the bank was giving a hard time for a mortgage modification. We had spent a long while preparing and were more than ready to proceed; our adversary was clearly nervous. The judge wasn’t ready to try the case that

day, so he gave us another trial date two weeks later. In those two weeks, not only did our client receive a loan modification offer, but it included a principal forgiveness of over $250,000!

Why I decided to become a lawyer: I originally wanted to go to business school and had sought the counsel of my parents regarding my future plans. Being in the business world, himself, my father talked me out of getting my MBA, and instead, advised me to find a career where the older I got, the younger my practice would get. After some thought, I realized a law degree would be my key to entering the busi-ness world.

If I were not practicing law, I would be: a Formula One race car driver. See my next answer!

People may be surprised to learn: I’m a thrill seeker. Whether I’m on a motor-cycle, driving at exhilarating speeds on a racetrack or swimming with sharks without a cage, I’m always up for a heart racing experience. I’m looking forward to hang gliding over the Hud-son Valley this spring.

What I splurge on: Watches – I have a growing collection. My favorite is my Panerai.

The best hour of my day is: Late. I’m a night owl. I’ve done some of my best and most efficient work without the usual daily interruptions and when most people are asleep.

Favorite movie: I love the James Bond series.

Favorite songs: Almost anything by Coldplay.

Favorite websites or blogs I read: NPR, National Geographic, MorelliFit, Foundr, and GQ.

My favorite vacation spots: I love the Mediterranean. Greece was beautiful, and I can’t wait to visit all the other countries in the region.

Three things I can’t live without: My family, a smart phone and a sports car.

One of my favorite things to do in Westchester: Playing golf at all the great courses in the County.

Best business-related advice I ever got: People are frugal with money but act like billionaires with their time. Val-ue time more than anything else be-cause we’re all poor in time.

My advice to new lawyers: Whatever it is that you want to do, find someone who has already done it and convince them to mentor you. You’ll save years of trial and error. (No pun intended).

One of my future ambitions is to: Travel the world at my own pace, stay-ing wherever I want, as long as I want.

My favorite part of being involved with the WCBA: Networking. Mem-bers of the WCBA are extremely help-ful in both professional and personal matters. Most recently, I was discuss-ing the possibility of writing a children’s book with a WCBA member, who with-in seconds, introduced me to another member who had recently published one. You never know who you’ll meet. You just have to get out there.

Atheeb U. Khateeb, Esq.

MEMBER SPOTLIGHT

In this column, Tejash V. Sanchala, Esq., WCBA board member and Labor & Employment Law Committee co-chair interviews members about their experiences and insights.

Tejash welcomes your comments and sugges-tions for future columns. He can be reached at [email protected].


Contact WCBA’s Lawyer Assistance Committee Chair Daniel Seymour: 914-262-0548 [email protected]

The demands of the legal profession are known to contribute to the substantially greater risk for alcoholism and depression suffered by lawyers over that of the general population.

Shame, fear and stigma often make it difficult to seek help, but it is important to act when the signs of impairment begin.

All LAP services are confidential and protected under Section 499 of the Judiciary Law as amended by Chapter 327 of the Laws of 1993.

LAWYER ASSISTANCE PROGRAMThe WCBA Now Offers Free Confidential Help For the Problems Lawyers, Judges and Law Students Face

Westchester County Bar Association’s

LAWESTCHESTER COUNTY BARASSOCIATION

PA call can save a career. A call can save a life.

We have our own Twitter feed now: http://www.twitter.com/WestchesterCBar or @WestchesterCBar


Keane & Beane, P.C. is de-lighted to announce that Jennifer L. Gray and William Kang have become members of the firm. Ms. Gray joined

the firm as an Associate in 2006 and will continue to prac-tice in the areas of municipal law and land development & zoning, including litigation pertaining to planning, zoning, SEQRA and real estate transactions. She was a ‘40 Under 40 Rising Star’ in 2014 and is currently co-chair of the WCBA’s Municipal Law Section.

SAVE THE DATES . . . SAVE THE DATES . . . SAVE THE DATES . . . SAVE THE DATES . . . SAVE THE DATES . . . SAVE THE DATES . . . SAVE THE DATES . . .

ENJOY TAKING PHOTOS? Want to get published?

NEW AND RETURNING MEMBERS FOR 2016!

WHAT’S GOING ON Membership News....Updates....Sections....Committees....

Jeanna AlbergaJoseph AngiolilloAugustine ArenaJonathan ArfaRichard AshnaultTodd BakalRichard BentzenMarcy BlakeNorman BlockJoseph BonannoWilliam BosshartDavid BourgeoisJoseph BrophyJayson BrustmanGordon BurrowsJohn CallahanWilliam CarbonariJay CarlisleJeffrey CartonValeria CasaleDebra CascardoBenjamin CasolaroThomas CerussiMilton ChambersWarren CohenPaolo ConteLisa ConteMaria CorraoRonald Crispi

Joseph DankoJoann DavisBruce DavisonAndrea DeGaetanoMary Ann DeTomaBrian DonnellanMargaret DrohanFred EismanRonald EppingerLynn FarrellJoanna FeldmanKevin FinneganLucille FontanaDoris FriedmanJoseph GalellaEric GallowitzJoseph GarafolaStacia GarciaRita GilbertLawrence GlynnCharles GoldbergerRoberta GoodmanEdmund GraingerDavid GralnickAngelo GrassoWilliam GreenawaltRobert GrossKathleen HannonJoseph Harbeson

Andrew M. HarrisonSean HigginsKyle-Beth HilferDwight JoyceDiana JuettnerJulie KattanGlenn KeeganNancy KellmanJoseph Kellykevin kennedyDana KhalifeChrystalia KingRobert KirkwoodLila KirtonDavid KlausnerLance KleinBruce KleinCynthia KnoxJennifer KouziPatricia LattanzioFelicia Lebewohl RosenMeredith LeffRichard LeinsFrank LevinJoshua LevinStewart LevyWilliam LiMichael LiptrotMichael Litman

William LonerganJames MaisanoTomiwa MajekodunmiSeth MandelbaumNicholas MaselliFrank McCulloughCourtney McGowanLiam McLaughlinJean McLaughlinDavid MenkenPaul MeyerBrian MillerSondra MillerAnthony MorandoSusan MorrisArthur MullerMichele MurphyBrian MurphyLisa NewfieldGrzegorz OwsianyJeffrey PeskeRalf PhilippKevin PlunkettVictoria Polidoro Stephanie PrattSusan RadzilowiczGeorge ReedJohn RenzulliPaul Richmond

Catherine RidgwayEugene RiordanJoseph RomanoJames RoodDouglas RuttenbergWilliam RyanJohn SanFilippoAna Paula SaraivaRobert SchusterClifford ShapiroJudson SiebertDouglas SingerJames StaudtTeresa StiloDebra StoneEdward TeyberPeter TilemChristopher TramagliniMark TulisDavid TurchiGladys UllmannMichael WalshJoshua WeisbrotLinda WhiteheadSteven WrabelN. Theodore (Ted) Zink

Mr. Kang joined the firm as an Associate in 2007 and will continue to practice in the areas of education law, labor re-lations & employment law and municipal law. Last year, the Westchester County Bar Association presented Will with its New Lawyers Leadership Award.

“It has been exciting to watch Will and Jennifer grow as attorneys and professionals and through their hard work earn this next career step,” according to David Glasser, the firm’s managing member. “I am thrilled that we were able to provide this opportunity for two deserving Associates at the same time.”

Jennifer L. Gray and William Kang Become Members of Keane & Beane, P.C.


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Brown Bag LUNCH SERIES

Wednesday, March 9, 2016 | 12:30 pm

The WCBA New Lawyers Section and the Westchester Womens Bar Association presents ...

Brown Bag Lunch Series featuring:Hon. Linda S. Jamieson and Hon. Mary Smith

Join fellow New Lawyers Section members for this unique opportunity to have lunch with Judges Jamieson and Smith in a casual setting with no formal agenda!

Price: FREE

RSVP: [email protected] you for your continued support of the WCBA!

Westchester County CourthouseAttorney Lounge, 2nd Floor111 Dr. Martin Luther King Jr. Blvd. White Plains, New York


CLE CENTER

ENVIRONMENTAL LAW COMMITTEE AND MUNICIPAL LAW SECTION SEQRA: A Brief Overview and Case Law Update Regarding the NYS Environmental Quality Review Act Speakers Keith R. Betensky, Esq., McCullough Goldberger &

Staudt, LLP, Co-chair, Environmental Law CommitteeJennifer Gray, Esq., Keane & Beane, P.C., Co-chair, Municipal Law Section Lisa Hochman, Esq., Ryan Law Group, Co-chair, Municipal Law Section Seth Mandelbaum, Esq., McCullough Goldberger & Staudt, LLP, Co-chair, Environmental Law CommitteeLes Maron, Esq., Co-chair, Municipal Law Section

Location WCBA Headquarters One N. Broadway, Suite 512 White Plains, NY

Date/Time Tuesday, March 8, 201611:30 am–12:00 pm Networking / Registration & Lunch12:00 pm-1:00 pm CLE Presentation

Price Early Bird discount through March 1 Members: $30/$50 after March 1 Non-members: $50/$75 after March 1 Pace Alum Non-members: $40/$60 after March 1

CLE 1 credit: Professional Practice

To Register See “Registration Form” on page 24

IMMIGRATION LAW COMMITTEE AND CRIMINAL LAW SECTION Criminal Charges and Convictions’ Impact On Immigration Status Speaker Cheryl R. David, Esq.

The Law Office of Cheryl R. David

Location 445 Hamilton Ave., 2nd Floor Conference Room White Plains, NY

Date/Time Thursday, March 10, 20165:30 pm–6:00 pm Networking / Registration & Light Supper6:00 pm-8:00 pm CLE Presentation


CLE 2 credits: Professional Practice


TRIAL AND TORT LAW, WORKERS COMPENSATION AND PARALEGAL COMMITTEES The Basics of Medicare Set Asides and Medicare Liens Speaker John Cattie, Esq., Garretson Resolution Group

Location DelBello Donnellan Weingarten Wise & Wiederkehr LLP 1 North Lexington Avenue, White Plains, NY

Date/Time Wednesday, March 30, 20165:30 pm–6:00 pm Networking / Registration & Light Supper6:00 pm-8:00 pm CLE Presentation




Visit wcbany.org and click on CALENDAR for the most up to date information about CLEs and events

HEALTH LAW COMMITTEE Innovations under the Affordable Care Act: Perspectives from the Field on Care and Payment Models Speaker Barney Newman, MD, Medical Director Emeritus,

Westmed Medical Group Mary Beth Morrissey, Esq., PhD, MPH Fordham University Co-chair Health Law CommitteeGary Sastow, Esq., Brown, Gruttadaro, Gaujean & Prato, LLC, Co-chair Health Law Committee

Location Fordham Westchester 400 Westchester Avenue, West Harrison, NY

Date/Time Tuesday, March 22, 20165:30 pm–6:00 pm Networking / Registration & Light Supper6:00 pm-8:00 pm CLE Presentation





CLE CENTER

CLESThursday, April 5

Real Property Section

Wednesday, April 20Construction Law Committee

Tuesday, May 10Education Law Committee

Thursday, May 12 Law Practice Management Committee

Tuesday, May 17Ethics Committee

Thursday, May 19Environmental Law Committee

EVENTSMonday, July 18

WCBA Annual Golf Outing The Whippoorwill Club Armonk, NY

SAVE THE DATES

Visit wcbany.org and click on CALENDAR for the most up to date information about CLEs and events

BUSINESS & COMMERCIAL LAW COMMITTEE The Fundamentals of Franchise Law

Speakers Julie Lusthaus, Einbinder Dunn & Goniea, LLPStuart A. Rosenthal, Greater New York Automobile Dealers Association

Location Sterling National Bank, 21 Scarsdale Road, Yonkers, NY

Date/Time Tuesday, April 12, 20165:30 pm–6:00 pm Networking / Registration & Light Supper6:00 pm-8:00 pm CLE Presentation

Price FREE


To Register See “Registration Form” on page 24Thanks to our host and sponsor Sterling National Bank

CRIMINAL LAW SECTION Roundtable Discussion with Hon. Susan Cacace Speaker Hon. Susan Cacace

Westchester County Court Judge Location TBD

Date/Time Thursday, April 14, 20165:30 pm–6:00 pm Networking / Registration & Light Supper6:00 pm-8:00 pm CLE Presentation

Price Early Bird discount through April 7 Members: $40/$60 after April 7 Non-members: $60/$80 after April 7 Pace Alum Non-members: $50/$70 after April 7



BANKRUPTCY & CREDITORS RIGHTS COMMITTEE New Bankruptcy Forms for Individual and Non-Individual Debtors Moderators Bankruptcy & Creditors Rights Committee

Co-chairs:Hon. Arlene Gordon Oliver Greenburgh Town Court JusticeJulie Cvek-Curley, DelBello Donnellan Weingarten Wise & Wiederkehr, LLPJay Teitelbaum Teitelbaum & Baskin, LLC

Location Westchester Hills Golf Club 401 Ridgeway, White Plains

Date/Time Tuesday, April 19, 201611:30 am–12:00 pm Networking / Registration & Lunch12:00 pm-2:00 pm CLE Presentation

Price Early Bird discount through April 12 Members: $80/$120 after April 12 Non-members: $120/$180 after April 12 Pace Alum Non-members: $100/$140 after April 12

CLE 2 credits: 1 Professional Practice / 1 SKILLS

Use your member log in to register for events and CLEs under the Calendar

menu on the WCBA website at www.wcbany.org

REGISTER FOR CLES ONLINE!


CANCELLATION, REFUND AND INCLEMENT WEATHER POLICYFull credit will be applied to a future program to those who cancel at least two business days prior to a CLE or other Event, in writing, to [email protected]. The WCBA retains the right to cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page (www.wcbany.org) on the day of the CLE/Event by 10:00 am for cancellation announcements.

WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.orgCopies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE.

CLE and EVENT REGISTRATION FORMPlease register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and applicants will be seated and provided written materials ONLY if space permits. ONLINE: go to the Calendar on our website at http://www.wcbany.org/events/event_list.aspMAIL form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601EMAIL this scanned form to [email protected]. FAX form to 914-761-9402

CLE/EVENT TITLE Date Fee

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WCBA’s Conference Room Is Available!

Our conference room located at WCBA headquarters in downtown White Plains, offers an economical, centrally located space to meet with your clients.


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SCHEDULE OF YEARLY BAR DUES

Sustaining Member* $300.00 ________

Admitted to the Bar 10 Years or More $185.00 ________

Admitted to the Bar 5 to 9 Years $125.00 ________

Admitted to the Bar Less than 5 Years $ 85.00 ________

Affiliate Non-Lawyer $125.00 ________

Paralegal $ 50.00 ________

Admitted to the Bar Less than 1 Year FREE ________

Student FREE ________

Section Dues Total (see column on right) ________ ________

WCBF contribution (optional) $ 10.00

Payment Enclosed _________

SECTION SELECTION: Please note that there is a nominal fee for membership in WCBA Sections.

❑ Criminal Justice $10

❑ Family Law $20

❑ Municipal Law $10

❑ Real Property $10

❑ Tax $10

❑ Trusts & Estates $10

❑ New Lawyers $ 5

Please check the Section(s) you would like to join and record the fee on the “Sections Total” line at left.

EXPRESS 2016 MEMBERSHIP FORM

*The WCBA recognizes the generosity and support of sustaining members by listing their names in the Annual Banquet Journal, the Westchester Bar Journal, the Westchester Lawyer’s annual sustaining member feature, and on our website with a homepage link to your organization and member profile on all subpages.

RENEW YOUR MEMBERSHIP TODAY!n■ Mail back the invoice you received with either a check or your credit card

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n■ Visit wcbany.org under the “Membership” tab and follow the prompts to renew your membership

n■ Fax back the invoice or completed “Express Form” below with your credit card information to 914-761-9402


W atching the hyperbolic media coverage of the pres-idential primary season

makes one wonder what some of our past presidents would think of the cur-rent political process and its rhetoric.

One hundred and seventy nine years ago this month on March 4, 1837, Andrew Jackson, this country’s seventh president, published his fare-well address to Congress.1 That mes-sage, drafted by his ally and U.S. Su-preme Court Chief Justice appointee, Roger Brooke Taney, gives some clue as to Jackson’s possible reaction to the current campaign.

While he probably would appre-ciate the populist rhetoric of a Bernie Sanders, Jackson would be appalled by the candidate’s lack of support for frugal government management and his broad view of national government responsibility in the lives of its citizens. Afterall, Jackson was the last president to pay off the national debt. 2

Beyond initial amazement, his reaction to the campaigns of Trump, Clinton and the other candidates can only be guessed. The costs of those campaigns would have sickened him and confirmed his worst fears of politi-cal influence buying.

Jackson’s farewell appealed for Union loyalty; praised the Constitu-tion as a successful experiment, and condemned sectionalism, banks, mo-nopolies, paper money and specula-tion. Providing any candidate today with a useable quote, he asserted that

“eternal vigilance by the people is the price of liberty.”

Ignoring the era and the context, either current party can find other quotable support for their positions in his last message.

Democrats can cite his attacks on banks, the money class and corpora-tions finding support in the following words:

“…The planter, the farmer, the mechanic and the laborer all know that their success depends upon their own industry and economy, and that they must not expect to become sud-denly rich by the fruits of their toil. Yet these classes of society form the great body of the people of the Unit-ed States: they are the bone and sinew of the country—men who love liber-ty and desire nothing but equal rights and equal laws, and who, moreover, hold the great mass of our national wealth, although it is distributed in moderate amounts among the millions of freemen who possess it. But with overwhelming numbers and wealth on their side they are in constant danger of losing their fair influence on the Gov-ernment, and with difficulty maintain their just rights against the incessant efforts daily made to encroach upon them. The mischief springs from the power which the moneyed interest derives from a paper currency which they are able to control, from the mul-titude of corporations with exclusive privileges which they have succeeded in obtaining in the different States,

and which are employed altogether for their benefit: and unless you become more watchful in your States and check this spirit of monopoly and thirst for exclusive privileges you will in the end find that the most important powers of Government have been given or bar-tered away, and control over your dear-est interests has passed into the hands of these corporation.

“The paper money system and its natural associations—monopoly and exclusive privilege—have already struck their roots too deep in the soil, and it will require all your efforts to check its further growth and to eradicate the evil. The men who profit by the abuses and desire to perpetuate them will con-tinue to besiege the halls of legislation in the General Government as well as in the States, and will seek by every ar-tifice to mislead and deceive the public servants….”

On the other hand Republicans can point to Jackson’s assault on taxes and big government in an era before the income tax.

Jackson said:

“…There is perhaps, no one of the powers conferred on the Federal Gov-ernment so liable to abuse as the tax-ing power. The most productive and convenient sources of revenue were necessarily given to it, that it might be able to perform the important duties imposed upon it; and the taxes which it lays upon commerce being concealed from the real payer in the price of the article, they do not so readily attract

BY RICHARD M. GARDELLA, ESQ.Editor-in-Chief WCBA Past President

Back Bench

FROM THE Richard M. Gardella, Esq., is counsel to Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president of the Westchester County Bar Association and the Westchester Coun-ty Bar Foundation, the editor-in-chief of this Magazine, and a former WCBA del-egate to the American Bar Association and the New York State Bar Association.


the attention of the people as smaller sums demanded from them directly by the taxgatherer. But the tax imposed on goods enhances by so much the price of the commodity to the consumer, and as many of these duties are im-posed on articles of necessity which are daily used by the great body of the peo-ple, the money raised by these imposts is drawn from their pockets. Congress has no right under the Constitution to take money from the people unless it is required to execute some one of the specific powers intrusted to the Gov-ernment, and if they raise more than is necessary for such purposes, it is an abuse of the power of taxation, and un-just and oppressive. It may indeed hap-pen that the revenue will sometimes ex-ceed the amount anticipated when the taxes were laid. When, however, this is ascertained, it is easy to reduce them, and in such a case it is unquestionably the duty of the Government to reduce them, for no circumstances can justify it in assuming a power not given to it by the Constitution nor in taking away the money of the people when it is not needed for the legitimate wants of the Government…”

Speaking against general govern-ment expansion and its proposed in-volvement in financing internal im-provements, Jackson asserted:

“…There is but one safe rule, and that is to confine the General Gov-ernment rigidly within the sphere of its appropriate duties. It has no power to raise a revenue or impose taxes ex-cept for the purposes enumerated in the Constitution, and if its income is found to exceed these wants it should be forthwith reduced and the burden of the people so far lightened.”

Lincoln was later to overcome op-position to government involvement with internal improvements in con-nection with the building of the Trans-continental Railroad.3 A Republican

president called for the expansion of the federal government in the name of progress while an earlier Democrat-ic president blocked such progress to keep small, limited government.

Of course, the history and the indi-viduals involved are far more complex than the above citation might suggest.

Jackson, at six foot one inch and 140 pounds, was a much bigger man than his pencil thin, narrow frame in-dicated. A believer in a majority of one, he had disdain for both the Supreme Court and Congress. He had no prob-lem using a veto believing it supplied him as president with plenary power. He would have no difficulty with the use of executive orders today in Wash-ington in order to get things done the president’s way. At one point, Jackson was censured by Congress for his action on banks which was seen as beyond his power as president.

Often angry, he never responded to John Quincy Adams gracious notes be-fore the Jackson inauguration, blaming the outgoing president for campaign attacks on his recently deceased wife.

He held grudges. While he attacked privilege created by the money class, he had no problem creating his own privi-leged class through the spoils system in government.

Probably the most jarring para-graph in his final message dealt with “Indian Tribes.” It helps to explain why the twenty dollar bill is the least favored American currency for many Native Americans.

While there is no mention in his farewell address, the economic panic of 1837 had already started. His actions as president contributed to the collapse. The demands that government lands could only be purchased with specie payment tightened credit and sent the banking world into turmoil.

The depression, which was blamed on Jackson’s successor, Martin Van Buren, lasted six years and ended any possibility of a debt free federal gov-ernment.4 An ironic conclusion for the efforts of a man who hated banks, paper money and debt. A conclusion that demonstrates political motivation, rhetoric and results are far more com-plex than public perception discerns.

Endnotes

1 The American Presidency Project, http://www.presidency.ucsb.edu/ws/?pid-67087.

2 See the February 2012 issue of this Mag-azines’s predecessor Newsletter, From the Back Bench column, page 18.

3 See the August 2014 issue of this Maga-zines’s predecessor Newsletter, From the Back Bench column, pages 28, 29.

4 Also see the December 2012 issue of this Magazines’s predecessor Newslet-ter, From the Back Bench column, pages 24,25; and the January 2016 of this Magazine’s From the Back Bench column, pages 26, 27.

“ . . . [ t h e G e n e r a l

G o v e r n m e n t ] h a s n o

power to raise a revenue

or impose taxes except for

the purposes enumerated

in the Constitution, and if its

income is found to exceed

these wants it should be

forthwith reduced and the

burden of the people so far

lightened.”


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